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What's the Difference Between Living Wills, a Health Care Proxy & Living Wills?
A living will, health care proxy and power of attorney are all legal documents that deal with important decisions related to a person's health and medical care. However, they differ in their purpose and scope.
A living will, also known as an advance directive, is a legal document that specifies a person's wishes regarding medical treatment if they become unable to communicate or make decisions for themselves due to illness or injury. A living will typically outlines what medical treatments or procedures the person wants or does not want to receive, such as life support, resuscitation, or artificial nutrition and hydration. It can also include information about organ donation and funeral arrangements. A living will is only applicable if the person is unable to make medical decisions for themselves and can be a valuable tool for ensuring that their wishes are respected.
A health care proxy, also known as a medical power of attorney, is a legal document that designates a person to make medical decisions on behalf of someone else if they become unable to do so. The person designated as the health care proxy is typically a trusted family member or friend who is familiar with the person's wishes and values. They are responsible for making decisions about medical treatment, such as choosing between different treatment options, communicating with medical providers, and ensuring that the person's wishes are being respected. Unlike a living will, a health care proxy is only activated when the person is unable to make medical decisions for themselves.
A power of attorney is a legal document that gives someone else the authority to act on your behalf in financial or legal matters. This can include managing bank accounts, paying bills, buying or selling property, or making legal decisions. A power of attorney can be general, granting broad authority to act on your behalf, or limited, granting authority for specific purposes or for a limited period of time. A power of attorney is different from a living will or health care proxy because it deals with financial and legal matters rather than medical decisions.
In summary, a living will is a legal document that outlines a person's medical wishes in the event that they become unable to communicate or make decisions for themselves. A healthcare proxy is a legal document that designates someone to make medical decisions on behalf of someone else if they become unable to do so. A power of attorney is a legal document that grants someone else the authority to act on your behalf in financial or legal matters.
Getting Divorced? What about your pension?
A pension is usually considered a joint marital asset, as are other retirement accounts, such as 401(k), 403(b)s, and IRSs, subject to equitable distribution in divorce proceedings. Usually, whatever is earned prior to the marriage remains individual property, while what is earned during the marriage is considered joint property. When facing a divorce, your spouse will generally be entitled to some of your pension, how much depends upon the laws governing pensions which vary by state, and how much, if any, was earned during the marriage. (NY is an equitable distribution state) If your spouse is entitled to a portion of your pension, it would be withdrawn at the time of the divorce settlement. A court-ordered document called a QDRO (Qualified Domestic Relations Order) provides instructions for dividing a retirement account or pension plan as part of a divorce settlement. The QDRO ensures that the pension plan administrator knows how to distribute benefits to the former spouse when the plan beneficiary retires or otherwise becomes eligible to receive payments. If the beneficiary is already receiving a pension, then a QDRO is not required as the pension payments are usually considered joint property subject to distribution between the divorcing spouses at the time of the divorce.
Are you a manual worker who gets paid every 2 weeks? You may be entitled to "Liquidated Damages".
If you are a manual worker being paid bi-weekly, you may be owed significant amounts in liquidated damages under New York Slate's payment law. Most workers usually get paid every two weeks. NY law, however, requires that "A manual worker be paid weekly" This weekly pay provision goes back to 1890. For decades the law has all but been ignored until 2018 when a construction worker won a judgment against her employer in the Civil Court for paying her every other week. Here's the kicker. The appeals court found that the employee could recoup as "liquidated damages" a dollar value equal to 100% of the wages paid late. The employer must pay an extra week's pay for all of its every-other-week paychecks, By paying every other week, the employer is deemed to have been late with one week out of every two weeks pay and thus deemed to have violated the late payment provision of the labor law.
Who qualifies as a "manual worker you ask? Any worker earning less than $900 a week who does "physical labor" - interpreted as standing up more than 25% of the time. (ie. nurses' aides, teachers' aides, security guards, restaurant workers, retail sales, day-care workers and countless others) The law applies to not-for-profits as well, including those that employ homeless outreach and daycare workers under contracts with the city government. Class action lawsuits. have already been filed. Contact the Law Office of Lawrence L. Kaye, P.C. for more information.
Good news for Cubans, Haitians, Nicaraguans, and Venezuelans seeking to travel to the United States.
DHS has announced a new process through which Cuba, Haitian Nicaraguan, and Venezuelan nationals and their immediate family members, may request to come to and work in the United States for up to two (2) years. Qualified beneficiaries who are outside the United States and lack U.S. entry documents may be considered, on a case-by-case basis, for advanced authorization to travel and a temporary period of parole for up to two years. To participate, eligible beneficiaries must:
Have a supporter in the United States;
Undergo security vetting;
Meet other eligibility criteria; and
Warrant a favorable exercise of discretion.
Individuals who wish to participate in this new process must have a financial supporter in the United States. Beneficiaries cannot directly apply for this process for themselves. Only a financial supporter in the United States can complete and file online only Form I-134A with USCIS on behalf of a beneficiary. The form requires certain financial information, contact details, and an email address. If Form I-134A is found to be sufficient, USCIS will send directly to the beneficiary information about their coming to the United States. Once the beneficiary receives their travel authorization, they must arrange to fly directly to their final destination in the United States. Upon arrival at their port of entry, they will be inspected by CBP. In order to be considered for a discretionary grant of parole, the beneficiary must submit additional information, including fingerprints for further biometric vetting. Those who attempt to enter the U.S. at land ports of entry will not be considered for parole through this process and will generally be denied entry.
A separate I-134A must be submitted for each beneficiary the sponsor seeks to support, including minor children. The U.S. government will then review the supporter information provided in Form I-134A to ensure that they are financially able to support all the beneficiaries they have agreed to support.
In a car accident? PIP insurance coverage will help you pay for your medical (and other) expenses!
If you’re in an accident involving a motor vehicle, or if you’re hit by a car while walking or riding a bike, PIP insurance will help pay for your medical expenses. Personal injury protection coverage, also known as PIP, is car insurance that pays for your medical bills, lost wages, funeral costs, or other expenses related to injuries from a car accident, regardless of whether the accident was your fault. Some form of personal injury protection insurance is required in 15 states, including New York, and all 12 states with no-fault auto insurance laws. It’s different from liability insurance, which pays for the harm you cause to other people or their property.
PIP covers injury-related expenses for you as the driver and your passengers up to your policy limits. PIP coverage can include the costs of an ambulance, scans, surgery, medication, and rehabilitation; funeral expenses; lost wages; the cost of at-home care; and other costs resulting from injuries, such as transportation, child care, or house-cleaning services. It does not cover property damage or injuries to the occupants of other cars.
You MUST file an insurance claim with your own auto insurance company, within specified time limits after a car accident, no matter which driver was at fault. Failure to file timely can result in a denial of your PIP claim. It differs from liability insurance which pays for harm you cause to other people or their property. It does not pay to repair damage to your car. (Collision coverage pays for that.) PIP is subject to a deductible, similar to the deductibles in liability insurance. Depending on the state, it may be possible to choose a deductible as low as $0 or as high as $1,000 or more.